1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

breach of settlement agreement?

Discussion in 'Civil Court, Procedure & Litigation' started by ironwolf, Nov 14, 2007.

Thread Status:
Not open for further replies.
  1. ironwolf

    ironwolf Law Topic Starter New Member

    Likes Received:
    Trophy Points:
    I was a plaintiff in a suit against a former landlord involving a commercial lease and the breach of lease by the defendant.A portion of the settlement involved a 13k piece of construction equipment that had to be removed from the property or conceed a 200.00 per day penalty. The settlement was entered in Jan 07 and within 14 days of settlement,the defendant had finally paid one cash advance.We were vacating the property at the time and the money was necessary to perform the action. The settlement called for a 30 day removal of all items from the property...so we got a late start,during this time frame,the weather wasa major factor(ice,snow and they would not clear the loading docks at my building,yet all the other tennants were cleared,they continiously blocked my attempts to remove the 30 ton excavator,attempted to tow my vehicles as we were in the process,blocked access for the duration of the term..all this time,I am trying to spend time with my father at Johns Hopkins as he was terminal and on his last days. He died during this period. The landlord then blocked access to the excavator so that future attempts were stricken.Needless to say ,it was a hostile delay of settlement designed to retain the salvage.The excavator is now gone and no sign of it anywhere and the council for the defendant will not answer my calls..yes we had words.My council,after being paid over 10k in retainer,has left the firm and the firm feels as though it has been settled..this was his last case and he was VERY clear about his intentions to "settle" this matter.

    Questions,1, what can I do to get paid for the excavator ?
    2. What "punishment" can I impose on them given the extreme circumstances and their disreguard for any settlement order ??
    lastly,is this case have the basics of a malpractice claim??

Share This Page

Thread Status:
Not open for further replies.